http://fredericksburg.com/News/FLS/2004 ... 1077728742
Thursday, Feb. 26, 2004
ACLU takes adultery case as test case
ACLU attorney says a recent US Supreme Court decision makes the state's case against her client moot.
The Associated Press
WFLS News
Date published: 2/25/2004
(Luray-AP) -- The state chapter of the American Civil Liberties Union plans to test the constitutionality of Virginia's adultery statute with a case from Page County.
Judge Herman Whisenant Junior will hear arguments April 8th in the commonwealth's case against John Bushey Junior. The former town attorney is charged with one count of adultery.
Bushey pleaded guilty to misdemeanor in October, then appealed the case.
The local judge recused himself and Whisenant, from Manassas, was appointed to hear the case.
Bushey's attorney, Rebecca Glenberg with the Virginia ACLU, says she's ready to argue the merits of the adultery charge. But she says a recent US Supreme Court decision makes the state's case against Bushey moot.
Glenberg says the court's ruling on the Texas sodomy law can be applied to adultery. Glenn Williamson, the assistant commonwealth's attorney from Frederick County who has been appointed special prosecutor in the case, had no comment on Glenberg's motion.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
Date published: 2/25/2004